Coronavirus (Compensation for Self-isolation) Bill

We asked for your views on draft proposals to extend the effects of a coronavirus related modification to the Public Health etc. (Scotland) Act 2008. This Act includes a duty on Health Boards to provide compensation to those isolating as a result of an infectious disease. This duty was suspended by the UK Coronavirus Act 2020 on a temporary basis as part of legislative modifications deemed necessary during the pandemic.

The compensation duty in the 2008 Act was predominantly developed to address the support people who find themselves isolating would require where there was small-scale outbreaks of notifiable infectious diseases rather than to provide support at the scale that would have been required throughout Covid-19 pandemic.

Given the scale of support required for the large numbers of people who have been required to isolate, it has been considered a more proportionate use of public resources to introduce COVID-19 specific support schemes. These have included:

• the Self-Isolation Support Grant (SISG), a £500 payment for people who earn less than the living wage who are required to self-isolate;
• the National Assistance Helpline (NAH), a central support phone line that people self-isolating can call to engage the relevant local authority team who can triage their need for support whilst isolating; and
• the Local Self-Isolation Assistance Service (LSIAS), a pro-active service that phones people self-isolating who wish to receive the service to consider whether they require support with access to food, essential medication or other local voluntary sector and statutory services.

The proposal set out in the consultation was to bring forward primary legislation that would:

• extend the effects of the existing modification to the 2008 Act relating to compensation from the date the legislation was in force to 30 October 2022;
• set out reporting requirements to Parliament relating to the ongoing suspension of the provisions in the 2008 Act; and
• provide regulation making powers so that the expiry date of the suspension – when the duty on Health Boards would once again be in place – could be brought forward or extended.

We asked for your views on whether you agreed with the proposals, whether you agreed the Scottish Government should have powers to extend or expire them early, and on the conditions that should apply to using those powers.

We received a total of 14 responses to the public consultation. Of the 14 responses, 5 were received from individuals representing organisations and 9 were received from members of the public.

Overall, responses to the consultation were in favour of the proposed changes, with 78.5% of respondents agreeing with the proposal to modify the duty on Health Boards to make the payment of compensation related to self-isolation for COVID-19 discretionary; 78.5% of respondents were also in favour of the Scottish Government having the ability to vary the expiry date of these provisions - with 92.8% of respondents agreeing that these factors are the most appropriate consideration for the Scottish Government to take into account when considering extending or bringing forward the expiry date for these provisions.

Much of the written feedback received related to the need to ensure that isolation support, and support relating to Covid more generally, is provided at the right level and that there is sufficient public awareness for people affected by COVID-19.  This included comments relating to the levels of isolation support provided, the need to provide sufficient financial support and on some of the differential impact of COVID-19 on some groups with protected characteristics.

We have published non-confidential responses to the consultation and an analysis of the consultation responses.  Preparations are now underway for new regulation and the feedback received from this consultation will help shape that process.

Written feedback provided relating to levels of isolation support, views on COVID-19 support more broadly and the financial and other impacts on people of having to self-isolate have been passed to the relevant policy teams in the Scottish Government for further consideration.  This feedback will inform the ongoing consideration of isolation support for COVID-19 into the next stages of the pandemic, as well as how best Scottish Government can work with public and voluntary sector partners to minimise the differential impact that COVID-19 has across a range of different communities within the population.

It is our conclusion that the proposals can be taken forward and presented to Parliament for scrutiny.

The full analysis report can be found at: Coronavirus (Discretionary Compensation for Self-Isolation) Bill Consultation - Analysis and Response - gov.scot (www.gov.scot)

Published responses

View submitted responses where consent has been given to publish the response.